FD25P00067 - [2025] EWHC 2572 (Fam)

M is British, and F is Malaysian. They started a relationship in May 2020 in Thailand. They began living together in Bangkok in October 2020. They married in April 2022. O was born shortly thereafter. O has dual British/Malaysian citizenship. The family lived in Thailand, worked there and made their home and life there. Until his arrival in England in October 2023, O had never been outside Thailand.

During 2022 and in particular 2023, there were relationship difficulties and W mentioned divorce to H. On 30 October 2023, M left Thailand with O, and travelled to England. She has been living in England ever since. F was not informed of their departure in advance, did not know of it and did not agree to it. M thereafter kept her and O’s whereabouts secret from F, which on any view must have been highly distressing for F, and confusing for O. She deceived F into believing that they were still in Thailand. It was only in February 2024 (some four months later) that he learned of their presence in England.

F’s primary concern was to re-establish contact with O. In March/April 2024 he offered to attend mediation which M refused. F encountered delays in applying for public funding (which was rejected) and securing lawyers. Solicitors’ correspondence from his lawyers to M elicited no response. On 7 January 2025 (nearly a year after he had become aware of O’s whereabouts) F made an application by Form C100 for contact in the local Family Court, although not for a return order. A first hearing took place on 27 January 2025.

On 10 February 2025, F applied in the High Court under the inherent jurisdiction for an order that O be returned to Thailand.

On 17 February 2025, a judge in the local Family Court made an order adjourning the children proceedings, with liberty to restore by 16 August 2025. The order provided that “If not restored by that date then the proceedings will be deemed dismissed”. As far as I am aware, no application to restore was made by the due date. It follows that the Children Act proceedings in the local Family Court have come to an end.

Various case management hearings in the return order application have taken place, and video contact was provided for. On 9 October 2025, the day after this hearing, a supervised in person session of contact is due to take place at a contact centre.